"I counsel, defend, and assist people facing felony and misdemeanor criminal charges in the State of Oregon."

I just got arrested / cited for an Oregon criminal charge. What
happens now?

If you were arrested
for a
misdemeanor or a low level felony charge, you were
probably given a citation or release agreement directing you to appear
in court at a future date. Make sure you know when and where you
are scheduled to appear. Do not miss your court date, and be on
time.

If you were arrested
for a
serious felony charge (or a domestic violence offense),
you will most likely be booked into custody and brought before a judge
the next business day. If you are held in custody, you will
probably have bail set. In Oregon, we do not use a bail bond
system. You are required to post 10% of the bail amount. For
example, on a $50,000 bail, you would be required to post $5,000 to be
released. For lesser felony and most misdemeanor charges,
defendants are often released pending trial even if they are unable to
post bail.

Prior to your first
court appearance, the county district attorney's office (or the city
attorney's office if you are cited to appear in a municipal court) will
review the police reports and make a decision about what charges to file
against you. The prosecutor's office will either (1) issue the
same charge(s) that you were arrested for; (2) add, delete, or file
different charges against you; or (3) no-complaint your case
(issue no charges against you).

You will find out
exactly what charges you're facing at your first court appearance.
[This court appearance is sometimes referred to as an arraignment or an
initial appearance.]

If you were arrested
for a DUII (drunk driving) charge, please visit the
Oregon DUII
information site.

What should I do if I suspect that I am under investigation for a
criminal offense?

Adopt my
Ten Habits of Highly Successful Criminals
(though the title is tongue in cheek, the advice is genuine):

1. When
contacted by law enforcement, invoke your right to silence. Do not
make admissions; do not confess; do not lie. Simply say, "I don't
want to speak with you." Repeat this as many times as it takes.
Confession may be good for the soul but it is the single most
damaging thing you can do to yourself in a criminal investigation.

2. When contacted by law
enforcement, invoke your right to counsel. Tell the officer, “I
want a lawyer.” Repeat this over and over. Be polite but firm.

3. Do not allow yourself to
be manipulated by the police. The best police interrogators are
master manipulators. When an officer says, "Why do you need an
attorney if you're innocent?" he is attempting to manipulate you into
waiving your constitutional rights to silence and counsel. Refer
again to Habits 1 and 2.

4. Do not consent to any
search. Always insist that the police get a search warrant.
[If the police have a valid search warrant, they are permitted to search
over your objection.]

5. Do not take a police
polygraph (lie detector) examination. Refer again to Habit 3.
[Discuss whether a private polygraph examination is in your best
interest with your attorney.]

6. Beware of the pre-text
phone call. When investigating certain crimes, especially sex
offenses, law enforcement may direct the complaining witness to
telephone the suspect in an attempt to elicit admissions or other
incriminating statements. Unbeknownst to the suspect, these calls
are monitored by law enforcement, are recorded, and will be played at
your trial.

7. Beware of the computer.
Email, instant messages, browser history, digital photographs, and other
information stored on your hard drive may be accessed by law enforcement
computer specialists even when you think it has been deleted.
Craigslist, Facebook, Twitter, and MySpace are not your friends.
Remember the words of Eliot Spitzer, "Never
write when you can talk. Never talk when you can nod. And never put
anything in an email."

How much jail / prison time will I have to do if I am convicted?
What will be my punishment?

By definition, conviction of any criminal offense comes with the
possibility of jail / prison time. However, many convictions
result in little or no time in custody. The amount of
incarceration (jail or prison) received will depend on a number of
factors, including (but not limited to) the following:

• the crime(s) for which you're convicted;

• your criminal history, if any;

• which Oregon county court or municipal court your case is in;

• what judge you are sentenced by;

• whether the judge feels you have accepted responsibility for
your actions.

What is the difference between jail and prison?

Jail refers to your
local county detention facility e.g. the Multnomah County Jail /
Clackamas County Jail / Washington County Jail.
People generally serve time in jail if they are being held pending trial
or if they are serving a sentence of a year or less.

Prisons are
state correctional facilities where people generally serve sentences
greater than one year.

I really don't want
to go to jail or prison. Is there any way to avoid time in
custody?

Maybe. Some
jurisdictions offer alternatives to short jail sentences. These
may include community service, work release, work crew, home confinement
also known as electronic monitoring. Sometimes jail (for sentences
of one year or less) or prison (sentences of more than one year) is the
only option. Talk to your lawyer about what may be available to
you. Some serious felony (Ballot Measure 11) crimes come with
lengthy mandatory minimum prison sentences.

What is the maximum penalties that I face for the crime(s) I'm accused
of committing?

In Oregon (and nationwide), felonies are the most serious crimes and
misdemeanors are considered less serious. In Oregon, both felonies and
misdemeanors are classified by degrees of seriousness.

CRIME
CLASSIFICATION

MAXIMUM SENTENCE / PENALTY

Class A Felony

20 years / $375,000 fine

Class B Felony

10 years / $250,000 fine

Class C Felony

5 years / $125,000 fine

Class A Misdemeanor

1 year / $6,250 fine

Class B Misdemeanor

6 months / $2,500 fine

Class C Misdemeanors

30 days / $1,250

Keep in mind that there are a few exceptions to
the above table. First, there are a small number of unclassified
misdemeanors and unclassified felonies. Second, there are a few
mandatory minimum statutes that can supersede the maximums described
above. Realistically, few people ever receive the maximum jail /
prison time or fine.

What other kind of penalties might I face if I'm convicted of a crime?

If you're convicted
of a misdemeanor and many felony crimes, you will almost certainly be
placed on probation for a year or more. While on probation, Oregon
law requires you to comply with a number of standard conditions of
probation. These include:

Paying monthly supervision fees, court fines, restitution and other
fees ordered by the court [the court does not bill you each month;
it is YOUR responsibility to remember to make your monthly
payments];

Not using or possessing any controlled substances except pursuant to
a valid prescription;

Submitting to (urine or other) testing for controlled substance or
alcohol use if the probationer has a history of substance abuse or
if there is a reasonable suspicion that the probationer has
illegally used controlled substances;

Participating in a substance abuse evaluation and follow the
recommendations of the evaluator if there are reasonable grounds to
believe there is a history of substance abuse;

Remaining in Oregon until written permission to leave
is granted by the Department of Corrections or a county community
corrections agency (hereinafter, the probation department);

If physically able, finding and maintaining full-time employment,
approved schooling, or a full-time combination of both;

Permitting the parole and probation officer to visit the probationer
or the probationer’s work site or residence and to conduct a
walk-through of the common areas and of the rooms in the residence
occupied by or under the control of the probationer;

Consenting to the search of person, vehicle or premises upon the
request of a representative of the supervising officer if the
supervising officer has reasonable grounds to believe that evidence
of a violation will be found, and submit to fingerprinting or
photographing, or both, when requested by the probation department;

Obeying all municipal, county, state and federal laws;

Promptly and truthfully answering all reasonable inquiries by the
probation department;

Not possessing weapons, firearms or dangerous animals;

Participating in a mental health evaluation as directed by your
probation officer and follow the recommendation of the evaluator;

Reporting as required and abide by the direction of your probation officer.

Will I get the bail back that I posted to get released from custody?

Assuming that you
make all your court dates, bail is refunded to whoever posted it a few
weeks after your case is over / closed. The Sheriff's Office does
keep a portion of the bail amount as an administrative (because we can) fee. If you fail to appear
for court, bail is forfeited. Sometimes the court, orders that
fines / fees / restitution be paid out of whatever bail has been posted
in a case. If you owe back child support, fines on other cases,
etc. the State will
apply the posted bail to these older matters as well.

Keep
this in mind before you post bail for a friend or family member.

Will I lose right to vote if I'm convicted of a felony?

You will not be able to vote if you're incarcerated;
however, once released you will be able to vote.

ORS
137.275 Effect of felony conviction on civil and political
rights of felon.
Except as otherwise provided by law, a person convicted of a
felony does not suffer civil death or disability, or sustain
loss of civil rights or forfeiture of estate or property, but
retains all of the rights of the person, political, civil and
otherwise, including, but not limited to, the right to vote, to
hold, receive and transfer property, to enter into contracts,
including contracts of marriage, and to maintain and defend
civil actions, suits or proceedings.

Since my arrest I've received letters from various lawyers / treatment
providers. How did these people find out that I was arrested?

In Oregon, adult
arrest and suspension records are "public records" and are subject to
disclosure upon written request. Some attorneys and treatment
providers make public record requests from government agencies in order
to obtain a list of persons arrested for certain offenses. After
receiving the arrest / suspension information, the firm sends a letter
outlining their services. Keep in mind that even though these
records are "public," individual records are usually not accessible
unless specifically requested.

Mug shots are also public records which is why they often end up on the
internet.

Will I be able to
vacate, seal or expunge my arrest or conviction?

Maybe. Oregon law does allow some arrests and convictions to be
sealed / expunged. Generally, only certain misdemeanors and low
level felony convictions can be expunged. Oregon law does
not allow an individual to seal or expunge sex crime
convictions, most traffic arrests or any traffic convictions, Class A
felony convictions (except racketeering), and nearly all Class B felony
convictions.

Talk to an Oregon criminal defense attorney for specifics on your
situation. It is highly recommended that you move to expunge your
arrest / conviction just as soon as you are eligible to do so.

Am I required to
notify anyone if I am arrested or convicted of a crime?

Effective January 1, 2010,
If you are a health professional that is (1) license by; or (2)
certified by; or (3) registered with one of the following Boards?

State Board of Examiners for
Speech-Language Pathology (speech pathologists) and Audiology;

State Board of Chiropractic
Examiners (chiropractors);

State Board of
Clinical Social Workers (LCSW);

Oregon Board of Licensed
Professional Counselors and Therapists;

Oregon Board of Dentistry
(Dentists);

Board of Examiners of Licensed
Dietitians;

State Board of Massage Therapists;

Board of Naturopathic Examiners
(Naturopathic Physician);

Oregon State Board of Nursing
(Nurse, RN’s);

Board of Examiners of Nursing Home
Administrators;

Oregon Board of Optometry
(Optometrists);

State Board of Pharmacy
(Pharmacists);

Oregon Medical Board (Doctors,
Physicians, Surgeons);

Occupational Therapy Licensing Board
(Occupational Therapists);

Physical Therapist Licensing Board;

State Board of Psychologist
Examiners;

Board of Radiologic Technology
(Radiology Technicians);

State Board of Direct Entry
Midwifery (Midwifes);

State Board of Denture Technology
(Denturists);

Respiratory Therapist Licensing
Board;

Department of Human Services, to the
extent that the department certifies emergency medical technicians
(EMT’s);

If so, you must
self-report either a misdemeanor or felony
conviction within 10 days of the conviction
or if you are
arrested for a felony, you must report the arrest within
10 days of the arrest. Speak to your attorney or refer to HB 2059
(2009) for more information.

What is meant by the term "criminal offense" or "crime?"

A crime is an offense for which a sentence of imprisonment (either jail
or prison) is authorized.
Crimes
are classified as either a felonies or a misdemeanors.

What is a misdemeanor?

A crime is a
misdemeanor if the statute designates the offense as a misdemeanor or if
the maximum term of imprisonment is not more that one year.
Misdemeanors are classified as either Class A misdemeanors; Class B
misdemeanors; Class C misdemeanors; and unclassified misdemeanors.

What is a felony?

A crime is a felony
if the statute designates the offense as a felony or if the maximum term
of imprisonment is more than one year. Felonies are classified as
either Class A felonies; Class B felonies; Class C felonies; and
unclassified felonies.

When does my misdemeanor / felony fall off my record?

Crimes never come off your record unless you move to
seal /
expunge your record and that motion is granted by the
court. If you're convicted of a crime it will remain on your
record forever unless and until you have it expunged. If your case
/ charge is dismissed, you'll have no conviction but the arrest will
remain on your record unless the arrest is sealed / expunged.

Tip: As soon as you're eligible to seal your arrest /
conviction record do so immediately.

Where can I find a list of all Oregon crimes?

Oregon criminal
charges (misdemeanors and felonies) are found in the
Oregon Revised Statutes (known as ORS). These
offenses apply statewide. Keep in mind that some municipalities
have a city code that can criminalize certain conduct. City code
violations are at most misdemeanors and apply only in the city itself
(not statewide).

While it is
impractical to list each and every criminal charge, the following is a
list of most Oregon crimes. Note that a few of the offenses below
are non-criminal violations.

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Websites, including this site, provide
general information but do not
provide legal advice or create an attorney /
client relationship. Consult qualified
Oregon lawyers / attorneys for advice about your specific situation. Oregon
defense attorneys are governed by the Oregon Code of
Professional Responsibility. This website
may be considered an advertisement
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